(d) In any order detaining a
child, the court shall make a written finding that a child’s continued
residence in the home is contrary to his or her welfare. This determination
may be made on an ex parte basis, provided that it is reasonably supported by
information presented to the court at the time of application.

Sec. 2. 33 V.S.A. § 5515 is
amended to read:

§ 5515. RELEASE FROM TEMPORARY
CARE; DETENTION HEARING

* * *

(f) At the conclusion of the
detention hearing, the court shall make written findings on whether reasonable
efforts were made to prevent unnecessary removal of the child from the home. “Reasonable
efforts” means the exercise of due diligence by the department for children and
families to use appropriate and available services to prevent unnecessary removal
of the child from the home. Reasonable efforts findings shall not be required
if the court makes written findings that aggravated circumstances are present.
Aggravated circumstances may include:

(1) abandonment, torture, chronic
abuse, or sexual abuse of a child;

(2) conviction of murder or
manslaughter of another child of the parent, or a felony crime that results in
serious bodily injury to the child or another child of the parent; or

(3) the involuntary termination
of parental rights to another child of the parent.

(g) If, at the conclusion of
the detention hearing, the court is not prepared to make findings on whether
reasonable efforts were made to prevent the removal of the child from the home,
that determination shall be made at the next scheduled hearing in the case but,
in any event, no later than 60 days after the issuance of the initial order
removing a child from the home.

(h) Any order detaining a child
shall be based on a factual finding that it is contrary to the child’s welfare
to remain in the home.

Sec. 3. 33 V.S.A. § 5531 is amended to read:

§ 5531. PERMANENCY HEARING

* * *

(f) In cases involving a child
who has been removed from the home, upon the filing of a petition for a finding
of reasonable efforts and a report or affidavit by the department for children
and families with notice to all parties, the court shall hold a hearing within
30 days of the filing of the petition to determine, by a preponderance of the
evidence, whether the department for children and families has made reasonable
efforts to finalize the permanency plan for the child that is in effect at the
time of the hearing. Reasonable efforts to finalize a permanency plan may
consist of: (1) reasonable efforts to reunify the child and family following
the child’s removal from the home, where the permanency plan for the child is
reunification; or (2) reasonable efforts to arrange and finalize an alternate
permanent living arrangement for the child, in cases where the permanency plan
for the child does not include reunification. The hearing may be consolidated
with or separate from a permanency hearing.